As readers may be aware, I’ll be taking over as Chair of the ABA’s Section of State and Local Government Law in a couple of months. I understand that many of my colleagues do not see the value in ABA participation, and I’ve explained why I do so here. It’s been a wonderful way
Fifth Circuit: “the United States’s sovereign immunity can bar cases against it based on the Takings Clause”
Here’s the latest case in an issue we’ve been tracking, whether takings plaintiffs who bring major claims for just compensation against the federal government must do so in the Article I Court of Federal Claims, or can bring the claim in an Article III district court. The Sixth Circuit recently held that the feds have sovereign
Idaho: You Aren’t Special, Just Because You Had Your Property Taken
No sleeping under the bridges of Paris!
In Ada County Highway District v. Brooke View, No. 43452 (May 23, 2017), the Idaho Supreme Court held that construction damage caused by the Highway District to property adjacent to — but not part of — a road project for which it took property, was not covered
Recording – “Takings: Emerging Issues” ABA State & Local Government Law Section Talk
Here’s the audio recording of the talk we gave to the ABA Section of State and Local Government Law’s Land Use Committee earlier today. (Some of you may note that in the intro we say the talk was on “June 17,” but since that’s tomorrow, we assume you understand that is just an error.)
The
Links From Today’s ABA Presentation – “Takings: Emerging Issues”
Update: the audio recording is posted here.
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Here are the links to the cases we mentioned in today’s ABA State and Local Government Law Section presentation, “Takings: Emerging Issues.”
The “Larger Parcel” In Regulatory Takings (and Eminent Domain)
Virginia SCT Clarifies How To Plead A Flooding Inverse Condemnation Claim
A quick one from the Virginia Supreme Court, on pleading inverse condemnation in flooding cases. Or in any inverse case, actually.
In AGCS Marine Insurance Co. v. Arlington County, No. 1160221 (June 15, 2017), the court held that the insurance company (which paid off the property owner after a county sewer line flooded its
Golf Course Owners Who Recorded Title After The First Flood Had Inverse Condemnation Standing
Under Missouri law, the owner of land must have owned it at the time of the taking in order to have standing to bring an inverse condemnation claim. In Hull v. Pleasant Valley School District, No. WD79302 (June 6, 2017), the Missouri Court of Appeals (Western District), a case involving inverse condemnation liability for
Oregon App: Physical Inverse Condemnation Claim Is Ripe From The Moment Of Occupation
A quick one from the Oregon Court of Appeals. In Courter v. City of Portland, No. A158840 (June 7, 2017), the court concluded that the property owners’ inverse condemnation claim — which alleged that the City had not buried its pipes deep enough — was ripe for judicial review.
The case started after the
Upcoming Free Takings Talk (Friday, June 16, 2017). But There’s A Catch…
Mark your calendars for this Friday, June 16, 2017, at 2:00 p.m. Eastern Time for a free talk we’ll be giving, “Regulatory Takings: Emerging Issues.”
Yes, it’s free, but there’s a catch: this talk is sponsored by the ABA Section of State and Local Government Law’s Land Use Committee, and you have to
Bay Point Properties v. Mississippi Transportation Comm’n, No. 16-1077
Here are the Questions Presented in Bay Point Properties, Inc. v. Mississippi Transportation Commission, No. 16-1077 (cert. petition filed Mar. 3, 2017), a case which seeks Supreme Court review of a decision by the Mississippi Supreme Court. We represent the Petitioner.
The full set of party and amici briefs are posted below.
An